PT SANT LAL Vs. SONI BAI

JUDGEMENT

(1.) This revision petition is directed against the order of the Executing Court dated 5.5.1991 whereby it directed the Local Commissioner that the sale deed be got registered. Few facts giving rise to this petition, in brief are that Soni Bai filed a suit for specific performance in the year 1979 on the strength of an agreement to sell dated 21.12 1964. T he details of the property were specifically mentioned in the plaint to be 30'x 35' with boundaries. The plaint also stated that the site plan is attached with the plaint. Defendant-petitioner filed written statement. Defendant's objection was that he never executed the agreement. No objection was raised in the written statement that the property mentioned in the plaint or as described in the site plan attached with the plaint is not the one which is the subject matter of the agreement to sell. The suit was ultimately decreed by the trial Court by judgment and decree dated 20.10.1980. Appeal and second appeal preferred by the defendant failed and the decree passed by the trial Court became final. Plaintiff decree-holder took out execution in June 1986. The defendant-objector preferred objections by alleging that the boundaries of the property in dispute as detailed in the agreement do not tally with the boundaries in the decree. This objection petition was dismissed by the Executing Court by order dated 8.5.1991. No revision was taken against that order. The executing Court after dismissal of the objection-petition appointed Local Commissioner to execute the sale deed by order dated 10.5.1991.

(2.) The Local Commissioner moved an application dated 15.5.1991 seeking clarification from the court to the effect that whether the sale deed is to be prepared and got registered as per the agreement or as per the decree. This application was considered and disposed of, in the absence of notice to the judgment-debtor, by passing the following order, at the back of the application itself:

(3.) It is this order of the Executing Court which is under challenge in this revision petition.